Lucas v. Fidelity & Columbia Trust Co.

HICKS, Circuit Judge.

Appellee sued to recover overpayments of income taxes for t-he years 1917 to 1926 inclusive. The amended petition avers that appellee as trustee for each of the three children of L. P. Ewald, deceased, to wit, Philip, Helen, and Sterling, and for each of the years involved, reported one-third of the total net income of the entire trust estate as taxable to each child; that the Commissioner determined that only the amount of the'income actually paid under the terms of the will of L. P. Ewald to each of the children for each of the years involved was taxable to each of them…